Pub Date : 2023-06-29DOI: 10.1163/22131035-12010006
Handa S. Abidin
The inclusion of explanations related to indigenous peoples (ip s) in Nationally Determined Contributions (ndc s) contributes to amplifying the harmony between climate change (cc) and the rights of ip s. The existence of ip s in ndc s explains and improves the position of ip s in their own states, and serves as a model for other parties to the Paris Agreement (pa). Nonetheless, not all parties to the pa mention and have the same standards in explaining the rights of ip s in their ndc s. There are different standards on whether or not the rights of ip s are included in ndc s, and there is also a disparity in the quality and quantity of explanations of the rights of ip s in ndc s. These differences occur in the ‘engagement form’ of Annex i of Decision 4/cma.1 or elsewhere in ndc s.
{"title":"The Rights of Indigenous Peoples in Nationally Determined Contributions","authors":"Handa S. Abidin","doi":"10.1163/22131035-12010006","DOIUrl":"https://doi.org/10.1163/22131035-12010006","url":null,"abstract":"\u0000The inclusion of explanations related to indigenous peoples (ip s) in Nationally Determined Contributions (ndc s) contributes to amplifying the harmony between climate change (cc) and the rights of ip s. The existence of ip s in ndc s explains and improves the position of ip s in their own states, and serves as a model for other parties to the Paris Agreement (pa). Nonetheless, not all parties to the pa mention and have the same standards in explaining the rights of ip s in their ndc s. There are different standards on whether or not the rights of ip s are included in ndc s, and there is also a disparity in the quality and quantity of explanations of the rights of ip s in ndc s. These differences occur in the ‘engagement form’ of Annex i of Decision 4/cma.1 or elsewhere in ndc s.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"41335190","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-26DOI: 10.1163/22131035-12010005
Jeremy Julian Sarkin
Abstract The arrest warrant issued by the International Criminal Court ( icc ) in March 2023 against Russian President Vladimir Putin for crimes committed in Ukraine is one of the most momentous cases taken up by the Court. As Putin is unlikely to be arrested in Russia, the only way that he may be arrested and surrendered to the Court is if he travels to another state, particularly one that is a member of the icc , which would then have obligations to arrest him. May thus, the case against Putin by the icc brings into focus, once again, the crucial need for cooperation with the Court by states around the world. This is because the icc needs states to arrest accused persons if it is to successfully prosecute perpetrators of human rights violations. This article employs the issues concerning the non-arrest of the then President of Sudan Omar Al-Bashir in multiple icc State parties as a lens through which to examine the issues of state cooperation. Thus, the cases of Al-Bashir and Putin have many parallels which are examined. Importantly, between 2009, when the first arrest warrant against him was issued, and 2016, Al-Bashir had already undertaken more than 75 trips to at least 22 states without being arrested. At least seven of those states had ratified the Rome Statute. This article, therefore, examines other cases that were brought by the icc against Malawi, Chad, Nigeria, the Democratic Republic of Congo ( drc ), South Africa, Djibouti, Uganda, and Jordan. The article examines what can be learnt overall for issues of state cooperation. The article also reviews a range of ways that the icc can go about fostering greater state cooperation, and what it can do to ensure greater compliance by states when they do not cooperate.
{"title":"Will the International Criminal Court (icc) Be Able to Secure the Arrest of Vladimir Putin When He Travels?","authors":"Jeremy Julian Sarkin","doi":"10.1163/22131035-12010005","DOIUrl":"https://doi.org/10.1163/22131035-12010005","url":null,"abstract":"Abstract The arrest warrant issued by the International Criminal Court ( icc ) in March 2023 against Russian President Vladimir Putin for crimes committed in Ukraine is one of the most momentous cases taken up by the Court. As Putin is unlikely to be arrested in Russia, the only way that he may be arrested and surrendered to the Court is if he travels to another state, particularly one that is a member of the icc , which would then have obligations to arrest him. May thus, the case against Putin by the icc brings into focus, once again, the crucial need for cooperation with the Court by states around the world. This is because the icc needs states to arrest accused persons if it is to successfully prosecute perpetrators of human rights violations. This article employs the issues concerning the non-arrest of the then President of Sudan Omar Al-Bashir in multiple icc State parties as a lens through which to examine the issues of state cooperation. Thus, the cases of Al-Bashir and Putin have many parallels which are examined. Importantly, between 2009, when the first arrest warrant against him was issued, and 2016, Al-Bashir had already undertaken more than 75 trips to at least 22 states without being arrested. At least seven of those states had ratified the Rome Statute. This article, therefore, examines other cases that were brought by the icc against Malawi, Chad, Nigeria, the Democratic Republic of Congo ( drc ), South Africa, Djibouti, Uganda, and Jordan. The article examines what can be learnt overall for issues of state cooperation. The article also reviews a range of ways that the icc can go about fostering greater state cooperation, and what it can do to ensure greater compliance by states when they do not cooperate.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-06-26","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"135608547","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2023-06-23DOI: 10.1163/22131035-12010001
Michel Vols
Over 75 per cent of the jurisprudence under the op-icescr deals with the right to housing as laid down in Article 11 of the icescr. States parties should provide adequate alternative housing after evictions. However, this far-reaching requirement may lead to moral hazard. The study presents a new understanding of the adverse effects of extensive protection, such as universal eviction protection, which may cause strategic defaults. The study suggests that a restrictive and reasonable interpretation of Article 11 icescr may reduce the incentive for defaults but may not prevent land-grabbing or squatting.
{"title":"The Optional Protocol to the icescr, Homelessness and Moral Hazard: The Alternative Adequate Housing Requirement in the cescr’s Jurisprudence – an Incentive Not to Pay for Housing?","authors":"Michel Vols","doi":"10.1163/22131035-12010001","DOIUrl":"https://doi.org/10.1163/22131035-12010001","url":null,"abstract":"\u0000Over 75 per cent of the jurisprudence under the op-icescr deals with the right to housing as laid down in Article 11 of the icescr. States parties should provide adequate alternative housing after evictions. However, this far-reaching requirement may lead to moral hazard. The study presents a new understanding of the adverse effects of extensive protection, such as universal eviction protection, which may cause strategic defaults. The study suggests that a restrictive and reasonable interpretation of Article 11 icescr may reduce the incentive for defaults but may not prevent land-grabbing or squatting.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-06-23","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"45524395","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-12-08DOI: 10.1163/22131035-11020001
P. McAuliffe
This article examines the interactions of two under-theorised means to forestall recurrence of violence and human rights abuses after conflict with two very different, but by no means mutually incompatible, logics. The first of these is guarantees of non-recurrence (gnr s), a branch of transitional justice characterised by a deeply formalist, institutionalised logic. The second is political settlements characterised by a highly informal logic. This article explores the conceptual terrain between these two logics of non-recurrence. It demonstrates a mismatch between the faith of transitional justice policy-makers in the centrality of gnr s to non-recurrence, on the one hand, and the actual process of guarding against conflict resumption as it is shaped extra-institutionally by the informal practices that underpin settlements, on the other. Post-conflict states generally place greater faith in the informal logic of settlements than the institutionalist logic of gnr s. Arguing that the prospects for non-recurrence are not fully captured if we focus only on the legal and institutional attributes of the state, it shows that settlements evolve or disintegrate incrementally over time. This critically conditions when gnr s are essential and efficacious. Put another way, the fate of gnr s in particular institutions depends on how settlements in general maintain the peace. Transitional justice theorists should be open to the possibility that guarantees of non-repetition are the fruit, not the precondition, of social order.
{"title":"Two Logics of Non-Recurrence after Civil Conflict","authors":"P. McAuliffe","doi":"10.1163/22131035-11020001","DOIUrl":"https://doi.org/10.1163/22131035-11020001","url":null,"abstract":"\u0000 This article examines the interactions of two under-theorised means to forestall recurrence of violence and human rights abuses after conflict with two very different, but by no means mutually incompatible, logics. The first of these is guarantees of non-recurrence (gnr s), a branch of transitional justice characterised by a deeply formalist, institutionalised logic. The second is political settlements characterised by a highly informal logic. This article explores the conceptual terrain between these two logics of non-recurrence. It demonstrates a mismatch between the faith of transitional justice policy-makers in the centrality of gnr s to non-recurrence, on the one hand, and the actual process of guarding against conflict resumption as it is shaped extra-institutionally by the informal practices that underpin settlements, on the other. Post-conflict states generally place greater faith in the informal logic of settlements than the institutionalist logic of gnr s. Arguing that the prospects for non-recurrence are not fully captured if we focus only on the legal and institutional attributes of the state, it shows that settlements evolve or disintegrate incrementally over time. This critically conditions when gnr s are essential and efficacious. Put another way, the fate of gnr s in particular institutions depends on how settlements in general maintain the peace. Transitional justice theorists should be open to the possibility that guarantees of non-repetition are the fruit, not the precondition, of social order.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-12-08","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44870995","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-22DOI: 10.1163/22131035-11020005
N. Shah
On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the demographic composition of j&k, Article 35A of Indian constitution 1949 was also abolished and new domicile rules were introduced paving the way for non-Kashmiri Indians to settle permanently in j&k. Under the Jammu and Kashmir Reorganisation Act 2019, Kargil and Leh districts were cut from Jammu and recategorized as Union Territory of Ladakh and the state of j&k was relegated to a Union Territory directly governed by the central government. On 5 May 2022, a delimitation report was published giving more seats to Hindus compared to Muslims against the population criterion. This article argues that India had started re-colonisation of j&k since October 1947. Eliminating its autonomous status in August 2019 was not the starting but a tipping point of the re-colonisation. After decolonisation of British India in August 1947, major Indian states such as Hyderabad; Junagadh and j&k were given the option to join India or Pakistan. India saw this as a ‘grave threat’ to her organic unity and invaded Hyderabad on 13 September 1947; j&k on 27 October 1947 and Junagadh on 9 November 1947. It is argued that India secured accession from the Ruler of j&k under compelling circumstances and on the condition that a free and impartial plebiscite would be held to ascertain the wishes of Kashmiri people. Since 1947, the pledge of plebiscite did not materialise. As freedom from colonialism has become a jus cogens, it is argued that the United Nations (UN) and its members have erga omnes obligations to respect and support the right to self-determination of the Kashmiri people.
{"title":"Re-colonisation of Jammu and Kashmir and the Right to Self-determination","authors":"N. Shah","doi":"10.1163/22131035-11020005","DOIUrl":"https://doi.org/10.1163/22131035-11020005","url":null,"abstract":"On 5 August 2019, India unilaterally ended the autonomous status under Article 370 of the Indian constitution 1949. The state of Jammu and Kashmir (J&K) was established under the terms of the Instrument of Accession by the Ruler of j&k. To change the demographic composition of j&k, Article 35A of Indian constitution 1949 was also abolished and new domicile rules were introduced paving the way for non-Kashmiri Indians to settle permanently in j&k. Under the Jammu and Kashmir Reorganisation Act 2019, Kargil and Leh districts were cut from Jammu and recategorized as Union Territory of Ladakh and the state of j&k was relegated to a Union Territory directly governed by the central government. On 5 May 2022, a delimitation report was published giving more seats to Hindus compared to Muslims against the population criterion. This article argues that India had started re-colonisation of j&k since October 1947. Eliminating its autonomous status in August 2019 was not the starting but a tipping point of the re-colonisation. After decolonisation of British India in August 1947, major Indian states such as Hyderabad; Junagadh and j&k were given the option to join India or Pakistan. India saw this as a ‘grave threat’ to her organic unity and invaded Hyderabad on 13 September 1947; j&k on 27 October 1947 and Junagadh on 9 November 1947. It is argued that India secured accession from the Ruler of j&k under compelling circumstances and on the condition that a free and impartial plebiscite would be held to ascertain the wishes of Kashmiri people. Since 1947, the pledge of plebiscite did not materialise. As freedom from colonialism has become a jus cogens, it is argued that the United Nations (UN) and its members have erga omnes obligations to respect and support the right to self-determination of the Kashmiri people.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-22","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46348838","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-11DOI: 10.1163/22131035-11020004
Article 27 of the Convention on the Rights of Persons with Disabilities (the Convention) incorporates several interdependent and interrelated rights within the right to work, including, in article 27 (1) (b), the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work and to safe working conditions, including protection from harassment, and, in article 27 (1) (c), the collective dimension of the right to work and the exercise by persons with disabilities of their labour and trade union rights on an equal basis with others. The aim of the present general comment is to provide a comprehensive overview of the obligations of States parties under article 27, considering the interdependence of the measures on the right to work listed in that article, and the interrelationship of the right to work and employment with the provisions of other articles of the Convention, such as those on general obligations (art. 4), equality and non-discrimination (art. 5), women with disabilities (art. 6), accessibility (art. 9), equal recognition before the law (art. 12), access to justice (art. 13), freedom from exploitation, violence and abuse (art. 16), living independently (art. 19), education (art. 24), habilitation and rehabilitation (art. 26) and an adequate standard of living and social protection (art. 28).
{"title":"General Comment No. 8 (2022) on the Right of Persons with Disabilities to Work and Employment","authors":"","doi":"10.1163/22131035-11020004","DOIUrl":"https://doi.org/10.1163/22131035-11020004","url":null,"abstract":"Article 27 of the Convention on the Rights of Persons with Disabilities (the Convention) incorporates several interdependent and interrelated rights within the right to work, including, in article 27 (1) (b), the rights of persons with disabilities, on an equal basis with others, to just and favourable conditions of work and to safe working conditions, including protection from harassment, and, in article 27 (1) (c), the collective dimension of the right to work and the exercise by persons with disabilities of their labour and trade union rights on an equal basis with others. The aim of the present general comment is to provide a comprehensive overview of the obligations of States parties under article 27, considering the interdependence of the measures on the right to work listed in that article, and the interrelationship of the right to work and employment with the provisions of other articles of the Convention, such as those on general obligations (art. 4), equality and non-discrimination (art. 5), women with disabilities (art. 6), accessibility (art. 9), equal recognition before the law (art. 12), access to justice (art. 13), freedom from exploitation, violence and abuse (art. 16), living independently (art. 19), education (art. 24), habilitation and rehabilitation (art. 26) and an adequate standard of living and social protection (art. 28).","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-11-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44905885","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.1163/22131035-11020003
C. Tshoose, M. Rapatsa
Police brutality is a highly charged topic which has been prevalent both locally and internationally. Scholars contend that theory-based research has recently emerged to precisely explain this police behaviour. There are theorists from several schools of thought who seek to attribute causality for police violence. In this article, three of the more popular existing theories will be examined: social conflict theory, symbolic interactionism, and the control balance theory. To this end, the article has three objectives. Firstly, it scrutinises the relevant theories dealing with the issue of police brutality. Secondly, it discusses the relevant domestic and international instruments that seek to address the problem of police brutality. Lastly, this article makes recommendations regarding how the system of policing in South Africa can be revamped.
{"title":"Who Will Watch the Watchers? A Critical Perspective on Police Brutality in Post-Apartheid South Africa","authors":"C. Tshoose, M. Rapatsa","doi":"10.1163/22131035-11020003","DOIUrl":"https://doi.org/10.1163/22131035-11020003","url":null,"abstract":"\u0000Police brutality is a highly charged topic which has been prevalent both locally and internationally. Scholars contend that theory-based research has recently emerged to precisely explain this police behaviour. There are theorists from several schools of thought who seek to attribute causality for police violence. In this article, three of the more popular existing theories will be examined: social conflict theory, symbolic interactionism, and the control balance theory. To this end, the article has three objectives. Firstly, it scrutinises the relevant theories dealing with the issue of police brutality. Secondly, it discusses the relevant domestic and international instruments that seek to address the problem of police brutality. Lastly, this article makes recommendations regarding how the system of policing in South Africa can be revamped.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49135836","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-10-27DOI: 10.1163/22131035-11020002
Amanda Spies
The realisation of the right to education under the South African Constitution remains complex despite progressive legislation and a supportive policy framework. The complexity has highlighted the continued cultural and structural inequality of the South African public schooling system. Specifically, inclusive education and its support for learners experiencing barriers to learning illustrate the contested nature of this right, with many of these learners remaining marginalised. This article explores the concept of inclusive education as it relates to the broader contextual framework of the South African right to education. It highlights the shortcomings of the South African Schools Act 84 of 1996, in supporting authoritarian management through School Governing Bodies that has eroded the intended purpose of the Act as a beacon of community participation and transparent decision making. Key to the analysis, is establishing how South African courts have assisted learners experiencing barriers to learning, and how litigating access to public schools in challenging the policy prescripts of School Governing Bodies have hindered the implementation of inclusive education.
{"title":"A Culture of Exclusion: Re-Configuring Inclusive Education in South Africa","authors":"Amanda Spies","doi":"10.1163/22131035-11020002","DOIUrl":"https://doi.org/10.1163/22131035-11020002","url":null,"abstract":"\u0000The realisation of the right to education under the South African Constitution remains complex despite progressive legislation and a supportive policy framework. The complexity has highlighted the continued cultural and structural inequality of the South African public schooling system. Specifically, inclusive education and its support for learners experiencing barriers to learning illustrate the contested nature of this right, with many of these learners remaining marginalised. This article explores the concept of inclusive education as it relates to the broader contextual framework of the South African right to education. It highlights the shortcomings of the South African Schools Act 84 of 1996, in supporting authoritarian management through School Governing Bodies that has eroded the intended purpose of the Act as a beacon of community participation and transparent decision making. Key to the analysis, is establishing how South African courts have assisted learners experiencing barriers to learning, and how litigating access to public schools in challenging the policy prescripts of School Governing Bodies have hindered the implementation of inclusive education.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-10-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"44038939","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-06-27DOI: 10.1163/22131035-11010008
M. Adigun, Babatunde Raphael Ojebuyi, J. Akinyemi, K. Wahab, A. Akpalu, F. Sarfo, L. Owolabi, Rabiu Musbahu, A. Bello, R. Obiako, Mayowa Ogunronbi, Arti Singh, M. Nichols, C. Jenkins, A. Jegede, R. Kalaria, M. Owolabi, B. Ovbiagele, O. Arulogun, R. Akinyemi
Stroke is a major cause of death in Sub-Saharan Africa (ssa) and genetic factors appear to play a part in its pathogenesis. This led to the development of stroke biobanking and genomics research in ssa. Existing stroke studies have focused on causes, incidence rates, fatalities and effects. However, scant attention has been paid to the legal issues about stroke biobanking and genomics research in the sub-region. Therefore, this article examines the legal implications of stroke biobanking and genomics research in Sub-Saharan Africa from a human rights perspective. The study argues that the right to dignity of the human person, the right to privacy, the right to freedom of information, the right to freedom from discrimination, the right to own property, the right to self-determination and the right to health may be implicated. The study concludes that the court may have to be involved in balancing one right against the other which may prove somewhat herculean depending on the circumstances of each case.
{"title":"Human Rights Implications of Stroke Biobanking and Genomics Research in Sub-Saharan Africa","authors":"M. Adigun, Babatunde Raphael Ojebuyi, J. Akinyemi, K. Wahab, A. Akpalu, F. Sarfo, L. Owolabi, Rabiu Musbahu, A. Bello, R. Obiako, Mayowa Ogunronbi, Arti Singh, M. Nichols, C. Jenkins, A. Jegede, R. Kalaria, M. Owolabi, B. Ovbiagele, O. Arulogun, R. Akinyemi","doi":"10.1163/22131035-11010008","DOIUrl":"https://doi.org/10.1163/22131035-11010008","url":null,"abstract":"\u0000 Stroke is a major cause of death in Sub-Saharan Africa (ssa) and genetic factors appear to play a part in its pathogenesis. This led to the development of stroke biobanking and genomics research in ssa. Existing stroke studies have focused on causes, incidence rates, fatalities and effects. However, scant attention has been paid to the legal issues about stroke biobanking and genomics research in the sub-region. Therefore, this article examines the legal implications of stroke biobanking and genomics research in Sub-Saharan Africa from a human rights perspective. The study argues that the right to dignity of the human person, the right to privacy, the right to freedom of information, the right to freedom from discrimination, the right to own property, the right to self-determination and the right to health may be implicated. The study concludes that the court may have to be involved in balancing one right against the other which may prove somewhat herculean depending on the circumstances of each case.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-06-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"46120633","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-05-12DOI: 10.1163/22131035-11010006
M. Pieterse
This article illustrates the transformative potential of guaranteeing justiciable socio-economic rights in domestic law, by engaging with the judicial vindication, over nearly a quarter-century, of the right to housing in the South African Constitution. Initial assessments of housing rights litigation in the country suggested that, while the right provided temporary protection against eviction and could provide temporary relief in housing emergencies, it was of limited use in addressing spatial injustice and unequal access to affordable housing. But over time, judicial vindication of the right to housing has given poor and vulnerable communities a foothold in cities, which is productively being leveraged by social movements claiming a right to the city. Meanwhile, separate remedial frameworks around land rights and political participation appear to be slowly converging with the housing jurisprudence, in ways that hold significant potential for transformative change in South African cities.
{"title":"Towards a Right to the City?","authors":"M. Pieterse","doi":"10.1163/22131035-11010006","DOIUrl":"https://doi.org/10.1163/22131035-11010006","url":null,"abstract":"\u0000This article illustrates the transformative potential of guaranteeing justiciable socio-economic rights in domestic law, by engaging with the judicial vindication, over nearly a quarter-century, of the right to housing in the South African Constitution. Initial assessments of housing rights litigation in the country suggested that, while the right provided temporary protection against eviction and could provide temporary relief in housing emergencies, it was of limited use in addressing spatial injustice and unequal access to affordable housing. But over time, judicial vindication of the right to housing has given poor and vulnerable communities a foothold in cities, which is productively being leveraged by social movements claiming a right to the city. Meanwhile, separate remedial frameworks around land rights and political participation appear to be slowly converging with the housing jurisprudence, in ways that hold significant potential for transformative change in South African cities.","PeriodicalId":13730,"journal":{"name":"International Human Rights Law Review","volume":" ","pages":""},"PeriodicalIF":0.0,"publicationDate":"2022-05-12","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"49617160","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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